In Ontario, under the Ministry of Community and Social Services, there is a program called the Family Responsibility Office (FRO) that can assist in enforcing and collecting court order payments for child and spousal support payments. There are regularly used forms used by FRO to assess and enforce court orders, which include but not limited to the Financial Statement and the Statement of Arrears which must be sworn, signed and sealed before a notary public/ commissioner of oaths in Ontario. For more information and print out of these forms, please visit the hyperlinks listed.

Pursuant to the Immunization of School Pupils Act, R.R.O. 1990, REGULATION 645, the medical officer of health is required to collect, keep and maintain immunization record of students attending school in Ontario. The schools are required to report the collection of data to the medical officer of health. There is absolutely no mandatory requirement that a student needed immunization/vaccination in order to attend school. Neither the school or the medical officer of health has the legal right to suspend or exclude a student from attending school for lack of evidence or reporting of immunization. There is an Affidavit - Sworn Statement of Conscience or Religious Belief Vaccination Exemption Form to be acknowledged by the parents that ONLY in the event of an outbreak or risk of an outbreak of a designated disease situated specifically to the school that the medical officer of health MAY have a right to exclude the student from school who has not provided evidence of immunization for fear that such child may be at risk of contacting the disease. Accordingly, the legal parent or guardian of the child may get this vaccination exemption form submitted to the school upon being properly sworn and witnessed by a Commissioner for Taking Affidavits. 

Key Terms: Students/Children Immunization/Vaccination Exemption Form Ontario - Toronto School Board of Education - Ministry of Long Term Care - Legal parent and guardian permission for exclusion of vaccination and immunization

One of the many options to immigrate and stay in Canada is making an application under the Provincial Nominee Program (PNP). Consideration for approval depend on submission of various documents including but not limited to the following:

1. The PNP Application Form
2. University Degrees and Transcripts where applicable
3. Citizenship status - exp. passport and other relevant identifications
4. Affidavit and exhibits explaining any discrepancies
5. Affidavit of a Translator where documents are written in a foreign language
6. Employment Offering Letters and
7. Copies of Visas - work - study etc.

For more information, you may review the following links:

• Citizenship and Immigration Canada
• Ontario Immigration

Other than notarizing and commissioning your PNP application and university degrees, the application process is simple and you do not need any help from a lawyer or an immigration consultant. However, if you need a quick answer to the above mentioned process or a sample template of an Affidavit, please email my office at [email protected].

A foreign national child under the age of majority, (18 or 19 depending on the legal definition of each province), may be issued a study permit upon proper required documents are submitted to ensure the care and safety of the child while studying in Canada. To obtain the study permit, at minimum an adult relative in Canada (exp. parent, grandparent, sibling, aunt, and uncle) should submit the following documents evidencing preparation to accept the responsibility as a Guardian of the child during his/her study:

1. The Custodianship Declaration for Minors Studying in Canada (CIC)
2. An invitation letter detailing the relationship with the child and evidence of ability to support the child.
3. Acceptance letter from the school - university - college
4. Evidence of health insurance for the child during the study period - exp. UHIP and similar health coverage, and
5. A copy of identifications of the Guardian in Canada - exp. Passport, PR card, Citizenship Card etc.

As a lawyer and notary public for many universities and colleges in Ontario dealing specifically with study permits for foreign students, my credentials and seal are on file with CIC. I am happy to answer additional questions you may have about the study permit for minor children application process via email [email protected]

When completing forms, declarations, affidavits etc. there are always sections within these documents where one must insert a name of a County, District, Municipality, Town, Region or City. Many people are confused by how various regions are categorized and named in Ontario. Especially, when there are areas where there is but one category "City",  like the City of Toronto. Whereas, there are some places where the name of the region is referred to as City but it is also under the jurisdiction of a larger category such as a Region or Village. for example, the City of Vaughan is actually under a larger region called the Regional Municipality of York.  References and categorization of counties, districts, municipalities, towns, regions and cities are based on various factors including, history of the region, the geographic size and boundaries, the population, politics, and various services being divided/provided between the different levels of government, for examples health care, transits, roads and development, policing, and waste management. etc.

Below, I have taken the liberty to simplify the procedures for your ease and reference of the various regions within the Greater Toronto Area in the Province of Ontario. For additional information and how your area is properly called or named, please refer to the Association of the Municipalities Ontario link.

• What's a notary public?
• What's the correct usage and spelling?
• What's a Commissioner of Oaths?
• What's a Commissioner for Taking Affidavits?
• How to become a Notary Public?
• How to become a Commissioner of Oaths?
• What are the similarities and differences?

Notary Public is often incorrectly spelled as "notory public" or by switching the ordering to "public notary". The plural form of Notary Public is "notaries public" or just "notaries" which is again often incorrectly spelled as "notories public", "notarys public", and "notary publics."

A notary public is a person legally authorized to:

• attest declarations,
• administer oaths, 
• take affidavits, 
• commission statutory declarations, 
• confirm identities, 
• witnessing signatures,
• authenticate or certify documents or copies of documents as certified true copies, 
• execute, attesting, drawing, passing, keeping and issuing all deeds and contracts, charter-parties and other mercantile transactions and commercial instruments that may be brought before him or her for public protestation.  
  

In most jurisdictions around the world, private persons may apply and take examinations to become a notary public. Once appointed as a notary public such a person is then authorized to perform some, but not all, of the above noted tasks with limitations including territory, duration (approximately three years) and scope of the task.

In Canada, non-lawyers who wish to be appointed as notaries public can do so by submitting an application through the Ministry of the Attorney General for appointment under the provincial Lieutenant Governor. Again, non-lawyer notaries public will have limitations in their powers including, territory, duration and scope of the task.

A lawyer does not have an automatic power of a notary public until he or she is appointed by applying for registration through the Official Documents Services branch of the Provincial Government Services. Therefore, most but not all lawyers are notaries public. But once appointed, the lawyer-notary may perform all noted tasks mentioned above without restrictions and limitations in territory, duration, and scope. In Ontario, notaries public's powers are based on the Notaries Act.

In contrast, a commissioner of oaths or commissioner or sometimes referred to as a commissioner for taking affidavits etc. in and for the Courts and the Province of ____________(specify the name of the Province), is a person who is appointed by virtue of certain offices he/she holds (municipal, provincial and federal employees (Tax) and clerks, elected officials/councillors) or by professions (lawyers, paralegals, engineers etc.). A commissioner of oaths is legally authorized to:

• witness a signature
• administer and commission oaths
• attesting affidavits and statutory declarations, 

When a person a person is appointed by virtue of his or her profession, there is no need to apply to become a commissioner of oaths. A commissioner of oaths' powers are legislatively based on the Commissioner for Taking Affidavits Act. It is noteworthy that pursuant to the Commissioner of Taking Act, a Commissioner of Oaths does not have the legal authority to certify documents as true copies or having the ability to bind parties to contracts and agreements. 

Non-lawyer commissioners of oaths will have limits in the manner they may commission documents. Usually their powers are limited to the task/scope specific to their office or profession and their powers will be limited to a three-year term with permission to renew as well as territory restrictions to a city or province. They do not have the authority to commission documents for federal and international use, unless they are federal employees or federal elected officials.

Whereas, lawyers who are admitted to practice law by the Law Society will have the power by virtue of their profession to witness, commission and administer and commission oaths, affidavits and statutory declarations for use across all jurisdictions without limitations.

Both the Notaries Act and the Commissioner for Taking Affidavits Act have sanctions and prosecution consequences for those found guilty of breaching these Acts.

For certainty that your documents will not get rejected or delayed, it would be wise to contact a person who has the legal designations of a lawyer, notary public, and commissioner of oaths.

Witnessing of a Signature - Agreements, Contracts and Releases

Except for Wills and Powers of Attorney, most if not all agreements and contracts DO NOT require a witness or a notary public to notarize them in order for them to be considered valid or legally binding in the court of law. In other words, most contracts, but not all, do not require notarization to be enforceable. However, when the parties want the contract to be readily recognized by institutions such as banks and government agencies who may have good reasons to question the authenticity of the contract or the identities of the parties, then one of the ways to avoid attracting suspicions and causing delays for recognition and approval by the institutions is to have the contract/agreement notarized by a notary public who is obliged to confirm the parties' identities as well as swearing the parties under oaths in respect to terms of the Agreement. It is important to note that a notary public can bind the parties to the Agreement but that does not mean that the notarization can prevent one party from breaching such an Agreement at his or her own will. 

• Professional Incorporation and Renewal - CPSO - Statutory Declaration to Practising Medicine - Annual Renewal Certificate of Incorporation to Practice Medicine.
  

Pursuant to the Regulated Health Professions Act, College members (doctors, dentists and nurses) are permitted to establish a corporation for the purpose of practising medicine. In order to maintain the status of a corporation, members are required to submit forms and statutory declaration annually for a certificate of authorization for a corporation to practise medicine. 

Prior to being a lawyer, I worked at various hospitals in Ontario as a clerk, an administrator, a medical procedural auditor and a consultant to various projects . I was there during the SARS crisis. I was one of the persons responsible for introducing and improving triage care protocols to reduce waiting time for ambulances in the Emergency rooms across Ontario.  I maintain very good relationships with numerous medical professionals as friends and now clients. Many of my clients are doctors, dentists and nurses who have incorporated their practices. I welcome the opportunity to work and assist you with all matters related to professional corporations, legal and ethical issues. I am willing and able to travel to your home, private practice, nursing homes, retirement homes, and hospitals to meet and discuss your legal needs. 

Hospital for Sick Children
Humber River Regional Hospital
Etobicoke Genral Hospital
North York General Hospital
Mount Sinai Hospital
Princess Margaret Hospital
Queensway General Hospital
Rouge Valley - Centenery Hospital
Sick Kid's
Scarborough Hospital
St Michael's Hospital
St Joseph's Health Centre
Sunnybrook Health Services Centre
Toronto East General Hospital
Toronto General Hospital
Toronto Grace Hospital
Toronto Rehab
Toronto Western Hospital
University Health Network
University of Toronto Faculty of Medicine
Women's College Hospital

An affidavit is not the same as a statutory declaration, although they have a similar purpose.  An affidavit is a sworn statement of fact chronologically detailing the events, evidence, and knowledge of a particular matter. It is often used to give evidence in court proceedings. Evidence being attached to the Affidavit is called an Exhibit. Exhibits are alphabetically listed from “A” onward and each Exhibit must be individually sworn as to the accuracy of the information. The person swearing under oaths to the truthfulness of the Affidavit is called the Affiant or Deponent.

A statutory declaration is also a sworn statement of fact detailing the evidence, transactions, progress, status or discrepancies of a particular issue. It is often based on or subject to a specific statute, policy, or legislative requirements where the individual must provide specific detailed answers pursuant to or referring to the enumerated points or sections of the legislation. It is often required by various other government agencies to secure information from an individual outside the context of court proceedings. Evidence being attached to the statutory declaration can be called Exhibit, but it is often referred to as an Attached Document and is not subject to being sworn individually as to the accuracy of the information. Although, in certain situations, notarized true copies of the documents may be attached as supporting documents. The person declaring the truthfulness under the statutory declaration is called the Declarant.

It is noteworthy that an intentional false statement within an Affidavit or a Statutory Declaration is ground for dismissal, revocation of membership and professional licences and can carry criminal sanctions and penalties pursuant to s. 131 of the Criminal Code of Canada. Therefore, it would be wise to consult with a practising lawyer regarding your statements before swearing, signing and submitting them to the courts or the authorities.